parking eye charge

beachcomber2

I am starting a new thread in relation to the issue of Parking Eye 'charges' because there is now recent legislation (Protection of Freedoms Act 2012, schedule 4). I could, please, do with some advice.
Someone allowed to use my wife's car apparently stayed 3 hrs and 18 minutes in a car park in North Devon in August least year where no actual charges are made, but the stay allowed is 2 hours. A Parking Eye set up had recently been introduced, maybe only a few days previously (so maybe not noticed), with the usual threatening signs of an £85 surcharge.
She followed advice to ignore Parking Eye's threatening notices and has now received a Northampton county court summons in the amount of £150 (£85 + £15 court fee + £50m solicitors fee). This seems deliberately designed to make it difficult to contest, as Northampton is 250 or so miles away and the relevant local county court is in nearby Exeter, Devon.
It would seem that the new legislation removes a former distinction, in that a registered keeper can be pursued as much as the actual driver, if unrevealed. However ....
on careful reading of the new legislation, it appears to me that the legislation is NOT specifically designed to help companies such as Parking Eye but to make it possible {cf sections 3 (3) and 3 (4)}for councils and other such bodies to attain redress on land outside existing controls, such as highways and street parking places, providing there is some statutory legislative provision imposing a liability (other than schedule 4 of the 2012 Act itself). In other words, it still doesn't empower Parking Eye to make such charges on private car parks.
Can anyone please advise me whether this reading is correct? If it is, then I plan to contest the case on behalf of my wife and claim from Parking Eye at least the costs of the unnecessary travel to Northampton. For it seems to me that their consequent loss is still only the amount of unpaid parking charge which, at £0 per two hours, is still £0. Many thanks!

Redx

too many assumptions there m8

they do use northampton as its the bulk clearing centre, you can get the case transferred to a local court of your choice (usually)

you should also read similar threads to your case, and the parking pranksters court case guide

POFA 2012 does apply , so start by reading this thread for clarity https://forums.moneysavingexpert.com/discussion/4816822

then have a look through this thread and links too https://forums.moneysavingexpert.com/discussion/4876909

they do control parking on dozens of private car parks, this forum is awash with threads about them , including car parks with restrictions like 2 hours , or 1.5 hours for aldi

ignoring these tickets has not been advised since early 2013 for england or wales

they are issuing thousands of court claims since pofa 2012 , especially in the last 9 months

Coupon-mad

If you just read the 'small claims' info in the 'Newbies read this first' FAQs sticky thread and get the Parking Prankster's guide (links to all info in the sticky thread, that's why it's at the top of the forum) you will be halfway towards understanding what's what. Your wife needs to acknowledge it urgently, then put together a skeleton defence and get that submitted within 28 days of service of the court papers. See other threads on the forum & the links in the sticky threads, and learn from them.

The case will be at your local court of course (unless your wife gets it cancelled first by complaining as per the 'Successful complaints about PPCs' sticky thread!). Northampton is the central MCOL issuing court that's all.

kirkbyinfurnesslad_2

Download the guides (only a few quid) and that tells you all you need to know on to defend this claim

beachcomber2

Thank you. I will do all of this, and post how I'm getting on.